The following Terms and Conditions govern your use of and access to the Website and Services. By using and/or visiting this Website you accept and agree to be bound by these Terms of Use and our Privacy Policy (https://thecheckinbyelan.com/privacy-policy), which is incorporated herein by reference.
These Terms of Use are entered into between you and Elan Lavarias LLC ("Company," "we," or "us").
The term "you" or "your" refers to any user, purchaser, or visitor of thecheckinbyelan.com ("the Website"), including any content, services, functionality, and downloadable materials ("the Services"). By using this Website, you agree that you are at least 18 years old and eligible to form a binding contract with the Company.
We reserve the right to update or change the Terms of Use at any time in our sole discretion. All changes are effective immediately once posted to the Website. Please review these Terms regularly to ensure you are updated as to any changes.
You agree that all information you provide through this Website is governed by our Privacy Policy (https://thecheckinbyelan.com/privacy-policy), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Company reserves the right to modify or discontinue the Website or Services, temporarily or permanently, with or without notice. You agree that the Company will not be liable if all or any part of the Website or Services are unavailable at any time.
If you are provided with a username, password, or any other account information, you must treat such information as confidential. You agree to notify us immediately of any unauthorized access to or use of your account. You agree to exit your account at the end of each session.
The Check-In by Elan™ provides travel planning, consulting, and booking services as an independent travel advisor operating under Fora Travel as our host agency. By engaging our Services, you acknowledge and agree that:
• Travel bookings are facilitated through Fora Travel and third-party travel suppliers including airlines, hotels, cruise lines, and tour operators.
• The Company acts as an intermediary and is not responsible for the acts, errors, omissions, or negligence of any travel supplier.
• Travel suppliers' own terms and conditions, cancellation policies, and liability limitations apply to your bookings.
• It is your responsibility to obtain appropriate travel insurance, valid travel documents (including passports and visas), and to comply with all travel requirements.
• Prices and availability are subject to change and are not guaranteed until confirmed in writing by the applicable supplier.
• The Company is not liable for any loss, damage, injury, or expense resulting from acts of God, natural disasters, acts of government, pandemics, strikes, cancellations, or other circumstances beyond our control.
The Website and its entire contents, features, and functionality are owned by Elan Lavarias LLC, its licensors, or other providers and are protected by United States and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website without express prior written consent from the Company.
You agree not to use the Website to:
• Violate any applicable federal, state, local, or international laws or regulations
• Send unsolicited or unauthorized advertising or promotional materials
• Impersonate or misrepresent your affiliation with any person or entity
• Engage in conduct that restricts or inhibits anyone's use or enjoyment of the Website
• Introduce viruses, Trojan horses, worms, or other malicious material
• Attempt to gain unauthorized access to any portion of the Website
We may allow you to connect your account with third-party social networking services. Any information provided to us through such connections will be used in accordance with our Privacy Policy (https://thecheckinbyelan.com/privacy-policy).
By using Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages, or other electronic means to your mobile device. Your wireless service carrier's standard charges and data rates may apply.
The Website may contain links to third-party websites, including travel suppliers, booking platforms, and Fora Travel. We have no control over the contents of those sites and accept no responsibility for them. We encourage you to review the terms and privacy policies of any third-party website you visit.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ELAN LAVARIAS LLC NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ELAN LAVARIAS LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
You agree to defend, indemnify, and hold harmless Elan Lavarias LLC, its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website.
If any portion of these Terms of Use is deemed to be illegal or unenforceable, the remaining provisions remain in full force.
This Agreement constitutes the final, exclusive agreement between you and Company regarding the use and access of the Website and supersedes all prior agreements, negotiations, and understandings between the Parties.
Any cause of action or claim you may have arising out of or relating to these Terms of Use must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule.
Any controversy or claim arising out of or relating to these Terms of Use shall be settled exclusively by binding arbitration administered by the American Arbitration Association. The place of arbitration shall be New York, New York. New York law shall apply. The Parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.
Elan Lavarias LLC
228 Park Ave S PMB 740479,
New York, NY 10003-1502
Website: www.thecheckinbyelan.com
Email: hello@thecheckinbyelan.com